States parties to human rights treaties generally elect treaty body members at meetings of States parties. These meetings are usually held every two years at United Nations Headquarters in New York, although the elections under the Convention against Torture and its Optional Protocol take place at the United Nations Office at Geneva. The elections of the Committee on the Rights of Persons with Disabilities take place during a Conference of States parties, a meeting attended by States, civil society organizations (CSOs) and other stakeholders during which various aspects of the implementation of the Convention are also discussed. For the Committee on Economic, Social and Cultural Rights, elections take place at a meeting of the United Nations Economic and Social Council.
States parties elect treaty body members for four-year terms. To ensure some continuity in membership, elections are staggered. In other words, States parties hold elections for half the membership every two years. The Convention on the Rights of Persons with Disabilities, the Optional Protocol to the Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance restrict the number of successive terms to two. Other treaties have no such limits. The treaties set out various criteria to guide States parties in the nomination and election of treaty body members. Additionally, the General Assembly, in its resolution 68/268, encourages States parties, in the election of treaty body members, to give due consideration to equitable geographical distribution, the representation of the different forms of civilization and the principal legal systems, balanced gender representation and the participation of experts with disabilities in the membership of the treaty bodies (para. 13). To facilitate this, and in accordance with paragraph 12 of the same resolution, OHCHR includes in the documentation prepared for elections an information note on the current situation with respect to the composition of the treaty body. The note reflects the balance in geographical distribution and gender representation, professional background and different legal systems, as well as the tenure of current members.
Importantly, to be eligible for election, the nominees should be of high moral standing. The treaties do not define this, although it is a term widely used in many countries to qualify the suitability of individuals to enter certain professions or take up certain civic responsibilities. Certainly, an individual who has misused or misappropriated United Nations funds would not be of high moral standing and therefore ineligible.
Furthermore, the treaties include other criteria for nomination, such as recognized competence in human rights or professional experience in the field covered by the treaty. This is also echoed by the General Assembly in its resolution 68/268 (para. 10). Table 3 sets out these criteria treaty by treaty.
In addition to setting out criteria for potential nominees, the treaties include criteria to guide States parties when they nominate and elect experts. For example, most treaties allow States parties to nominate only one individual, who should be one of their nationals. While the International Covenant on Civil and Political Rights and the Optional Protocol to the Convention against Torture allow a State party to nominate up to two individuals, under the Covenant, the Committee may not include more than one national of the same State. The Optional Protocol contains the most detailed criteria for nominating individuals and envisages the nomination of a candidate who need not be a national of the nominating State party. The Convention on the Rights of Persons with Disabilities requires consultation with persons with disabilities and their representative organizations in the nomination process.
Further to the criteria set out in the treaties, other factors may affect the candidature of specific individuals. For example, the appointment of individual experts to special procedure mandates of the Human Rights Council is subject to the principle of non-accumulation of concurrent human rights functions.8 While the treaties do not refer to this principle, the implication is that special procedure mandate holders who wish to seek nomination as treaty body members should first resign their mandates.
When electing members, States parties should also give due consideration to a range of factors such as equitable geographical distribution, and the representation of the different forms of civilization and of the principal legal systems.9 Only the Committee on Economic, Social and Cultural Rights is formally subject to membership allocation on a regional basis. Fifteen of its eighteen seats must be equally distributed among the five regional groups (as recognized by the United Nations); the other three are allocated in accordance with the increase in the total number of States parties per regional group.
Recent treaties, as well as General Assembly resolution 68/268, also require States parties to consider gender balance and the participation of experts with disabilities. Table 4 sets out the gender balance of each treaty body on 1 August 2015.
In addition to the qualifications and requirements set out in the treaties and in General Assembly resolutions, individuals interested in being nominated for election as treaty body members should consider their availability to prepare for and attend all treaty body meetings as well as their ability to work confidently in at least one of the working languages of the treaty body. It should be noted that the General Assembly, in its resolution 68/268 (para. 30), limits the working languages of the committees to three, generally English, French and Spanish.
8 Human Rights Council resolution 5/1, para. 44.
9 General Assembly resolution 68/268, para. 13.
Table 3: Criteria for the nomination and election of treaty body members Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
International Convention on the Elimination of All Forms of Racial Discrimination (art. 8)
✔High moral standing
✔Acknowledged impartiality
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔In practice, the member is eligible for re-election if renominated
International Covenant on Civil and Political Rights
(arts. 28 — 29 and 31)
✔High moral character
✔Recognized
competence in the field of human rights
✔Each State party may nominate not more than two persons
✔These persons shall be nationals of the nominating State
✔The Committee may not include more than one national of the same State
✔Consideration given to the usefulness of the participation of some persons having legal experience
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated
International Covenant on Economic, Social and Cultural Rights
(Economic and Social Council resolution 1985/17 of 28 May 1985)
✔Recognized
competence in the field of human rights
✔Elected by the Economic and Social Council from among candidates nominated by States parties to the Covenant
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of different forms of social and legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated
Convention on the Elimination of All Forms of Discrimination against Women (art. 17)
✔High moral standing
✔Competence in the field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔23 members
✔Four-year term
✔In practice, members eligible for re-election if renominated
Convention against Torture and Other Cruel, Inhuman or Degrading nominate one person from among its own nationals
✔State parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee
✔Consideration given to equitable geographical distribution
✔Consideration given to the usefulness of the participation of some persons having legal experience
✔10 members
✔Four-year term
✔Members eligible for re-election if renominated
Table 3: Criteria for the nomination and election of treaty body members Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
International Convention on the Elimination of All Forms of Racial Discrimination (art. 8)
✔High moral standing
✔Acknowledged impartiality
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔In practice, the member is eligible for re-election if renominated
International Covenant on Civil and Political Rights
(arts. 28 — 29 and 31)
✔High moral character
✔Recognized
competence in the field of human rights
✔Each State party may nominate not more than two persons
✔These persons shall be nationals of the nominating State
✔The Committee may not include more than one national of the same State
✔Consideration given to the usefulness of the participation of some persons having legal experience
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated
International Covenant on Economic, Social and Cultural Rights
(Economic and Social Council resolution 1985/17 of 28 May 1985)
✔Recognized
competence in the field of human rights
✔Elected by the Economic and Social Council from among candidates nominated by States parties to the Covenant
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of different forms of social and legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated
Convention on the Elimination of All Forms of Discrimination against Women (art. 17)
✔High moral standing
✔Competence in the field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔23 members
✔Four-year term
✔In practice, members eligible for re-election if renominated
Convention against Torture and Other Cruel, Inhuman or Degrading nominate one person from among its own nationals
✔State parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee
✔Consideration given to equitable geographical distribution
✔Consideration given to the usefulness of the participation of some persons having legal experience
✔10 members
✔Four-year term
✔Members eligible for re-election if renominated
(continued)
(Table 3 continued)
Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
Convention on the Rights of the Child
(art. 43)
✔High moral standing
✔Recognized competence in the field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated International Convention
on the Protection of the Rights of All Migrant Workers and Members field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution, including both States of origin and States of employment
✔Consideration given to the representation of the principal legal systems
✔14 members
✔Four-year term
✔Members eligible for re-election if renominated experience in the field of the administration of justice, in particular criminal law, prison or police administration, or the various fields relevant to the treatment of persons deprived of their liberty
✔Each State party may nominate up to two candidates
✔Nominees shall have the nationality of a State party to the Optional Protocol
✔At least one of the two candidates shall have the nationality of the nominating State party
✔No more than two nationals of a State party shall be nominated
✔Before a State party nominates a national of another State party, it shall seek and obtain the consent of that State party
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of different forms of civilization
✔Consideration given to the representation of the legal systems of the State parties
✔Consideration given to balanced gender representation
✔No two members shall be nationals of the same State
✔25 members
✔Four-year term
✔Eligible for re-election once if renominated
(Table 3 continued)
Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
Convention on the Rights of the Child
(art. 43)
✔High moral standing
✔Recognized competence in the field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the principal legal systems
✔18 members
✔Four-year term
✔Members eligible for re-election if renominated International Convention
on the Protection of the Rights of All Migrant Workers and Members field covered by the Convention
✔Each State party may nominate one person from among its own nationals
✔Consideration given to equitable geographical distribution, including both States of origin and States of employment
✔Consideration given to the representation of the principal legal systems
✔14 members
✔Four-year term
✔Members eligible for re-election if renominated experience in the field of the administration of justice, in particular criminal law, prison or police administration, or the various fields relevant to the treatment of persons deprived of their liberty
✔Each State party may nominate up to two candidates
✔Nominees shall have the nationality of a State party to the Optional Protocol
✔At least one of the two candidates shall have the nationality of the nominating State party
✔No more than two nationals of a State party shall be nominated
✔Before a State party nominates a national of another State party, it shall seek and obtain the consent of that State party
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of different forms of civilization
✔Consideration given to the representation of the legal systems of the State parties
✔Consideration given to balanced gender representation
✔No two members shall be nationals of the same State
✔25 members
✔Four-year term
✔Eligible for re-election once if renominated
(continued)
(Table 3 continued)
Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
International Convention for the Protection of All Persons from Enforced the field of human rights
✔Nominated by States parties from among their nationals
✔Elected according to equitable geographical distribution
✔Due account taken of the usefulness of
the participation of persons having relevant legal experience
✔Due account taken of the usefulness of balanced gender representation
✔10 members
✔Four-year term
✔Eligible for re-election once
Convention on the Rights of Persons with Disabilities the field covered by the Convention
✔Due consideration given to close consultation and active participation of persons with disabilities
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔Consideration given to balanced gender representation
✔Consideration given to the participation of experts with disabilities
✔18 members
✔Four-year term
✔Eligible for re-election once
(Table 3 continued)
Treaty Criteria for experts
to be nominated Criteria for States in
nominating members Criteria for electing members Membership
International Convention for the Protection of All Persons from Enforced the field of human rights
✔Nominated by States parties from among their nationals
✔Elected according to equitable geographical distribution
✔Due account taken of the usefulness of
the participation of persons having relevant legal experience
✔Due account taken of the usefulness of balanced gender representation
✔10 members
✔Four-year term
✔Eligible for re-election once
Convention on the Rights of Persons with Disabilities the field covered by the Convention
✔Due consideration given to close consultation and active participation of persons with disabilities
✔Consideration given to equitable geographical distribution
✔Consideration given to the representation of the different forms of civilization
✔Consideration given to the representation of the principal legal systems
✔Consideration given to balanced gender representation
✔Consideration given to the participation of experts with disabilities
✔18 members
✔Four-year term
✔Eligible for re-election once
Table 4: Gender balance per treaty body (August 2015)
Treaty body (membership) Female Male
Committee on the Elimination
of Racial Discrimination (18) 4 (22.2%) 14 (77.8%)
Human Rights Committee (18) 5 (27.8%) 13 (72.2%)
Committee on Economic, Social
and Cultural Rights (18) 3 (16.7%) 15 (83.3%)
Committee on the Elimination
of Discrimination against Women (23) 22 (95.7%) 1 (4.3%) Committee against Torture (10) 3 (30.0%) 7 (70.0%)
Committee on the Rights of the Child (18) 9 (50.0%) 9 (50.0%)
Committee on Migrant Workers (14) 3 (21.4%) 11 (78.6%)
Subcommittee on Prevention of Torture (25) 13 (52.0%) 12 (48.0%) Committee on the Rights of Persons
with Disabilities (18) 6 (33.3%) 12 (66.7%)
Committee on Enforced Disappearances (10) 2 (20.0%) 8 (80.0%)
TOTAL (172) 70 (40.7%) 102 (59.3%)
Source: “Promotion of equitable geographical distribution in the membership of the human rights treaty bodies:
Report of the Secretary-General” (A/70/257), table 4.